0001|                           SENATE BILL 112
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              ROD ADAIR
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CHILDREN; CREATING A JUVENILE EDUCATION ASSISTANCE
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0012|     PROGRAM; PROVIDING FINANCIAL ASSISTANCE FOR THE EDUCATION OF
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0013|     CERTAIN CHILDREN;  TRANSFERRING FUNDS; MAKING AN
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0014|     APPROPRIATION.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A  new section of the Children's Code is
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0018|     enacted to read:
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0019|          "[<u>NEW MATERIAL</u>] JUVENILE EDUCATION ASSISTANCE PROGRAM--
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0020|     SCHOLARSHIP NOTES--ELIGIBILITY CRITERIA.--
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0021|               A.  The "juvenile education assistance program" is
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0022|     created in the department.  The program shall provide
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0023|     alternative education and financial assistance for up to two
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0024|     thousand children a year who:
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0025|                    (1)  have failed in public school;
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0001|                    (2)  are at risk of failing in public school;
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0002|                    (3)  have dropped out of public school; or
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0003|                    (4)  are at risk of dropping out of public
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0004|     school.
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0005|               B.  A child is eligible to receive financial
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0006|     assistance for education from the juvenile education
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0007|     assistance program if the child meets the following criteria:
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0008|                    (1)  the child qualifies by reason of one or
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0009|     more provisions of Paragraphs (1) through (4) of Subsection A
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0010|     of this section due to factors including abuse or neglect,
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0011|     delinquency, chronic truancy, learning disabilities, substance
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0012|     abuse or emotional disorders;
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0013|                    (2)  the child's parent or guardian applies
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0014|     for program assistance;
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0015|                    (3)  the child's parent or guardian provides a
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0016|     written letter of commitment to use the financial assistance
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0017|     to further the child's education in an accredited setting; and
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0018|                    (4)  the child's parent or guardian provides a
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0019|     written letter of recommendation from a judge, a chief
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0020|     juvenile probation officer or the principal of the child's
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0021|     current or former school that states that a different
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0022|     educational environment will improve the child's prospects for
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0023|     achieving success in school.
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0024|               C.  Financial assistance shall be provided in the
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0025|     form of "scholarship notes".  Each scholarship note is equal
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0001|     to the amount of money that would be paid to the public school
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0002|     the student would have attended.  The scholarship note shall
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0003|     be calculated in accordance with Sections 22-8-1 through
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0004|     22-8-25 NMSA 1978 and prorated for the number of months
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0005|     remaining in the school year.
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0006|               D.  The child's parent or guardian is required to
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0007|     use the scholarship note to help pay the cost of enrolling the
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0008|     child in another public school or in a state-accredited
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0009|     private school accredited by an accrediting body approved by
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0010|     the state department of public education.
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0011|               E.  The school that has received a scholarship note
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0012|     may present it for redemption to the department.  The
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0013|     scholarship note shall be accompanied by an affidavit
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0014|     attesting to the child's enrollment in the school and
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0015|     certification of the tuition and fees charged for attending
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0016|     the school if it is a private school.  In no case shall the
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0017|     amount paid a private school exceed the normal tuition and
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0018|     fees charged for a nonscholarship student at the school.
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0019|               F.  The state department of public education shall
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0020|     transfer money annually to the department in an amount equal
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0021|     to redeemed scholarship notes received by the department.
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0022|               G.  The department shall adopt and promulgate rules
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0023|     to carry out the provisions of this section.
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0024|               H.  The department shall bear the cost of
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0025|     administering the juvenile education assistance program."
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0001|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0002|     provisions of this act is July 1, 1998.
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0003|                              
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